Collection Agency Won't Let Me Dispute Debt

tbluemage · #1 05-20-2005, 11:17 AM

April 2004 I paid off my credit card. Now I am getting calls from a collections Agency. I called my credit card company and they said they no longer have my records and are unable to talk to me due to the fact I am in collections. They absolutely refuse to talk to me!
The collections Agency is saying that the last payment was late and the credit card company has charged $169 in late fees!!! I told them the payment was not late, I specifically remember paying on time because I was so happy to have it paid off.
The Collections Agency is refusing this Dispute because the cc company did not post my payment until a month after the due date. But that is not my fault!
What can I do??

aaron · #2 05-20-2005, 11:24 AM

Dispute the debt under the FDCPA.

tbluemage · #3 05-20-2005, 01:42 PM

I sent this form to them and they replied saying the debt was valid. But its not valid.

aaron · #4 05-20-2005, 01:46 PM

If you feel they have failed to validate the debt or otherwise comply with the FDCPA, your next step would be to litigate the issue. Short of that, you might wish to try complaining to the FTC, at 877-FTC-HELP.

lwpat · #5 05-22-2005, 02:09 PM

Unfortunately complaining to the FTC gets you nothing but a form letter.

If you have proof that you paid on time then you can sue the credit card company in small claims court but you will first have to pay the bill.

Have you followed all of the dispute resolutions procedures on the credit card? They are printed on the back of you bill. You need to do everything in writing and send it CRRR. You will get nowhere by calling or emails.

GreatGadsby · #6 05-22-2005, 08:15 PM

have you tried sending a CMRRR letter to the collection agancy yet? upon notice of dispute, the CA is required to send you validation documents to prove the debt is yours. and if you send said letter within 30 days of the CA's initial comunication with you, they will have to cease all collection activiy until they send you the validation paperwork.

aaron · #7 05-23-2005, 08:56 AM

("CMRRR" = "Certified Mail, Return Receipt Requested")

InDeepDoo · #8 08-01-2006, 08:32 PM

They cannot refuse to validate. They are breaking Federal Law. However, their definition of validation and your are probably very different. Keep in mind, the burden is on them to prove the debt yours. I suggest getting a lawyer to help you. Stating that the debt is valid is NOT proper validation. I can SAY you owe me $1000.00, but I sure can't prove it.